SHOR V. BILLINGSLEY
158 N.Y.S. 2d 476 (1956)
NATURE OF THE CASE: Shor (P) Plaintiff filed a motion for reargument of the part of the
decision that dismissed his cause of action alleging use of his name and picture for
Billingsly's (D) commercial advantage under N.Y. Civ. Rights 51, holding that it merged
with the first three causes of action for libel.
FACTS: Shor (P) earns his livelihood as the operator and manager of 'The Toots Shor
Restaurant', with which the Stork Club competes. The complaint is based upon a telecast of
'The Stork Club Show' over a nationwide network of stations and facilities, including
Station WABC-TV. Stork operates 'The Stork Club', Mayfair prepared and produced 'The Stork
Club Show', American Broadcasting telecast the show, and Billingsley (D) acted as a
performer and master of ceremonies on the show. During the show, D and Brisson, a guest on
the program, talked about P. P's picture was even telecast. D made a snide comment that P
owed money to everybody. P sued Ds. for defamation.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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